Two 12-Year-Olds Face Hearing On Wenatchee Murder Charges -- Adult- Court Trial, Pair's First Serious Punishment Possible

WENATCHEE - Because they were so young, a pair of preteens could make threats, commit assaults and possess weapons in the past two years, say police, without doing time for most of the crimes.

Now the same boys, both 12, face murder charges and the first real threat of a long sentence.

Tomorrow morning, a hearing will begin to determine whether the boys should be tried as adults in the Aug. 20 shooting death of a seasonal worker. The pair are thought to be Washington's youngest to face such a hearing in a murder case.

Probation counselor Glenn Taylor calls tomorrow's session "probably the most important hearing in boys' lives." Taylor spent nearly 1 1/2 months preparing 14-page reports recommending both boys face trial as adults.

Neither child will enter a plea until after the hearing.

The case has caught the interest of CNN and the "Oprah Winfrey Show," prompted nearly 1,000 people to sign petitions seeking adult trials and unearthed a few conspiracy theorists who penned their thoughts to the prosecutor.

The slaying also shot to shreds any notion that the pastoral community of 50,000 at the edge of the Cascade foothills is immune to violent crime.

"The degree of brutality of the murder is what was such a shock to the community," said Taylor, a police officer for six years before becoming a probation counselor 17 years ago.

According to court documents, the boys broke into a friend's gun cabinet on Aug. 20 and stole two .22-caliber pistols.

Later that day, as they shot at bottles, Columbia River water and logs, a man along the water's edge told the boys to "chill out."

The boys moved 50 feet up and began shooting again, watching the bullets skip off the water. Another man yelled at them and threw three or four rocks.

One suspect got angry and allegedly said he wanted to shoot the man. The other warned he'd go to hell, court documents indicate. "It's OK if you become a church man, and I'll just go to church," his friend replied.

They shot into the bushes to flush the man out; each time they shot, he shouted, according to court papers. As the one who was angry shot at the man, the man flung a rock, striking the boy in the face.

Scrambling uphill, the injured boy told his friend, "I'm not leaving until this guy is dead!" court papers allege.

Meanwhile, the shooting victim hid in an overhang that could not be seen from above.

The uninjured boy ran down to the river and, standing on a rock less than 10 feet from the victim, emptied both guns, court papers say.

An East Wenatchee police officer, scanning the scene with binoculars from across the river, saw the shooter firing away, then - minutes later - saw the dead man.

Emilio Alcantar Pruneda, 50, a seasonal worker who traveled to Wenatchee to pick apples, was struck at least 18 times. The bullets were clustered in the man's head, chest and groin. The medical examiner determined three shots that pierced Pruneda's heart killed him.

Wenatchee locals, already tapped for contributions during the summer's forest fires, dug deeper for $2,000 to help pay for Pruneda's funeral.

Pruneda was sent to his family's Texas home for burial, wrapped in a sheet because his bullet-torn clothing was "inappropriate." His only possessions: two quarters, a small rock he carried as a souvenir, a pocket knife, a paper clip, matches and a bag of tobacco, said his brother, Simon Pruneda, 52.

At the close of testimony, the judge will be asked to balance the needs of the suspects against the expectations of the community.

Over six days - two for the prosecutor, two for each defense attorneys - Superior Court Judge John Bridges will hear testimony from probation counselors, school staff, psychologists, relatives and police. The seventh day will bring closing arguments.

Both sides will aim to give a "total picture" of the youths, although from opposite perspectives.

Defense attorneys can be expected to stress their clients' immaturity, community ties and amenability to treatment available in the juvenile-justice system.

In addition, the attorney representing the alleged shooter will ask that due process not be ignored.

DeForest "Neil" Fuller will argue that a signed confession was improperly taken from his client and should not be considered. Fuller intends to call 10 people to testify.

Tom Caballero, who represents the youth struck by the rock, filed notice that he will call at least 21 witnesses, including friends, relatives, school employees, a court-appointed psychologist and juvenile-detention workers familiar with his client.

Deputy Prosecutor W. Gordon Edgar said he will stress the serious nature of this crime and the inability of the juvenile system to rehabilitate the suspects in 3 1/2 years, the minimum sentence for a juvenile convicted of murder.

Edgar also will bring out more details of the boys' past criminal acts. The boy accused of being the shooter had been convicted of third-degree theft for stealing money from a woman's purse. The other boy was expelled from Lewis and Clark Elementary and convicted of harassment in late May for threatening another student. Both had a "consistent pattern of disturbing criminal behavior," Edgar alleges in court papers.

"Based on their living situation, level of anti-social, criminal behavior and overall attitude, each of these juveniles possesses the sophistication and maturity that is characteristic of repeat offenders of a higher age," court documents allege.

John Matney, a Wenatchee detective, said police were in contact with each boy a dozen times in the last two years for crimes including threats of violence, assaults and weapons possession. He's spoken with others about crimes that were not reported to police.

"There's definitely a parenting problem. Each individual occurrence, looked at independently, would look like it's just a young kid being a kid," Matney said. "You've got to look at all those together. . . . There's something seriously wrong here."